Applying for a Non Molestation order.

Form FL401: Ask the court to make a non-molestation order or an occupation order

Ask the court to order a named person not to use or threaten violence against you or your child, or to be excluded from the property in which you both live. These orders are types of injunction.


What is the process of providing evidence for a non molestation order (UK)?

The process of getting a non-molestation order can be very emotionally taxing for all involved. Whether you’ve been forced to apply for one against a person that you feel threatened by, or you’re arguing your side in a case against you, it is important to understand what happens in court for a non molestation order.

If your distressing living situation has left you with no other options, we can help  guide you through the process, and we can also help you understand what happens in court for a non-molestation order


What is a non-molestation order?

A non-molestation order is a civil order that can be obtained by someone who has been the victim of domestic abuse. There are a few different reasons that someone might consider taking out a non-molestation order.

These can include:

  • Physical abuse

  • Emotional abuse

  • Financial abuse

  • Sexual abuse

  • Controlling behaviour

  • Intimidating behaviour

  • Harassment


Someone who is a victim of this kind of abuse can apply to the court for a Non-molestation Order against someone in their life who would be described as an ‘associated person’. This can include:

  • Spouses/Ex-spouses

  • Civil partners/Ex-civil partners

  • Cohabitees/Former cohabitees

  • Family members

The order states that the accused cannot take certain actions against the victim, such as approach them or visit their house. It can also be ordered that they do not contact the victim on the phone or on social media. There is a time limit on how long this order lasts, but you can apply for an extension before it expires if you feel that you would still need protection. Do contact us for expert help with your non-molestation order application.


What is the process of providing evidence for a non-molestation order?

If you are wondering what happens in court for a non molestation order, you are probably wondering what evidence you will need to provide.

Every case is a unique situation with different things to be considered, but the court will need to be able to see evidence of the unreasonable behaviour of the accused. The victim will most likely have to provide a written statement in support of their application, explaining what has happened to them and why they feel that they need protection to be ordered by a court. This statement could include:

  • Descriptions of acts or threats of violence against them

  • Photographs and/or medical reports of any injuries

  • Descriptions of threatening behaviour

  • Copies of any threatening or harassing messages received on a phone or on social media

There are two different kinds of non-molestation order. These are known as ‘ex parte’ or ‘on notice.’


Ex Parte

This is also known as ‘without notice’ and means that the person who has been accused will not be notified. The courts always prefer to take this more cautious approach if they think that the victim might be put at any risk.

On Notice

This means that, if the court have decided that it is not unsafe for the victim, the accused will be served with the application and the supporting documents before the order is made. This means that they will be told the date of the hearing so that they can attend and make their own case to the court.

What happens in court for a non molestation order?

On the day of your hearing, as a victim you will be expected to provide your evidence and statement to the court that explains the reasons that you feel you require a non-molestation order.

If you have been served with a non-molestation order, you will be given the opportunity to present your own case in defence. With our expert knowledge, we can help you construct a strong case.

What happens next?

It varies on a case-by-case basis, but the standard length for an order to last is generally 12 months. You can reapply in court for a non molestation order extension if you feel that you need further protection after this point.

Contact us for Support Providing Evidence for a Non-Molestation Order

We understand that the process of acquiring a non molestation order and providing evidence for a non-molestation order is traumatic for the victim, and potentially for those who also feel that they may have been wrongfully served. It can be difficult to navigate this kind of situation without specialist help. Our family law solicitors are here to answer any questions you may have, and help you achieve the best possible outcome for you.

Our family law solicitors are based in Blackburn and Manchester, and are able to assist people across England and Wales.

Contact our family law and domestic abuse solicitors today.

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More on Ex-Parte Non molestation orders

On 18 January 2017, the President of the Family Division issued ‘The Practice Guidance on the Duration of Ex-Parte (Without Notice) Orders’. A few months on, this article is intended to give some practical guidance as to how to approach Non-Molestation Orders in practice.

1. The duration of the Order

  • The guidance from the President is clear; the duration of any ex-parte order should be no longer than is necessary to facilitate a return date.

  • When making a final order, that order must be of a defined duration. As such we should no longer see the “until further order” provision, which had become common place.

  • The standard length seems to be 12 months, although this will vary on a case by case basis.

2. Return date

  • Historically it was dependant on the Judge hearing the matter, or the practice in a particular court; as to whether a return date was listed at the ex-parte hearing, or whether it would only be listed if requested by the respondent. However, the President is clear that a return date should be listed within 14 days in all cases.

3. No contact provisions

  • It is a familiar term in a Non-Molestation Order that the respondent shall not contact the applicant, including by electronic means.

  • Thought needs to be given as to whether this is appropriate if the parties have a legitimate need to communicate, for example if they have children. In some cases, there will be such a risk that the children are not having contact with the respondent. However, there may still be a need to maintain an avenue of communication, and in such circumstances a term stating “save via the applicant’s solicitors” may be appropriate.

  • However, what about if the children are still seeing a respondent? It will not be practical to always have to go via a solicitor (it will also be expensive). It will not be appropriate if contact happens at a weekend, when the solicitor’s office is closed. In such cases thought needs to be given to how to protect the applicant, but allow necessary information to be exchanged.

  • In many cases a third party can be identified. If this is not the case, consideration needs to be given to restricting the communication, such as text only, so that there is a written record of the communication. The provision can also be worded so as to only allow communication if it is related to the welfare or contact arrangements relating to the children.

4. Not to attend an address

  • Another frequent term is that the respondent will be forbidden to attend the applicant’s address. As above, when children are involved this can be problematic, especially as handovers will need to take place. To ensure the protection of the application, thought needs to be given as to an appropriate location or person who can assist in the alternative to the applicant.

  • Identifying an appropriate third party, should be done before the applicant arrives at court. It will be important that any person named as an authorised point of contact / individual to assist with handovers has agreed in advance.

  • If you are seeking to prohibit attendance at an address, a map can assist the Judge to be sure it is an appropriate provision. It is important to ensure that the respondent is not accidentally prohibited for attending a location he or she may have a legitimate reason to attend.

5. Ask for reasons

  • When making an ex-parte application, it is important to keep a full note of what is said at the hearing. It is also important that a Judge gives reasons as to why the order he or she is making is necessary, and particularly why proceeding on an ex-parte basis is appropriate. If your Judge does not do so – don’t be afraid to ask!

6. Have the evidence you need at Court

  • If the applicant has suffered physical violence and there is evidence of injury – make sure that evidence is at court. Don’t wait to simply produce such evidence at a later date if necessary. Produce it at the start to support your case.

  • This is particularly important if the applicant is alleging harassment via text or email. It is one thing to make the allegation in a statement, but even more persuasive to attach evidence and examples to the applicant’s witness statement. I am often presented with a phone at court by a client asking me to look at such evidence – however most Judges will take the view they cannot take this into account if it is not attached to the witness statement.

7. Duty of full disclosure

  • It is important to remember that the applicant has a duty of full and frank disclosure to the court, and those who fail to remember this may find they fail to secure their desired order Re W (Ex parte orders) [2000] 2 FLR 927.

8. Service

  • The Family Procedure (Amendment) Rules 2017 (“2017 Amendment”), which come into force on 6 April 2017 amends the Family Procedure Rules 2010 Parts 10.

  • The Family Procedural Rules require that non-molestation orders are personally served upon the respondent. However, the 2017 amendment ensures that applicants for non-molestation (and occupation order) under Part 10 must not serve the respondent him/herself.

  • The most common solution to this problem is to serve via process server.

  • However it is important to remember that if you need to ask for alternate service, make sure you have the details of your address for postal service, email address or Facebook account with you at court to record on the face of the order.